MARRIAGE LICENSE INFORMATION – RACINE COUNTY
Chapter 765 Wisconsin State Statutes
Residents of Wisconsin must apply in the county in which either applicant is a resident. The license issued in that county may be used anywhere in the State of Wisconsin.
One of the applicants must be a current Racine County resident, having lived in Racine County for at least 30 days, and be able to show proof of residency. Both applicants are required to provide proof of residency even if one of the applicants does not live in Racine County. Acceptable forms of residency include: driver’s license, non-driver’s identification card, utility bill, bank statement, pay stub, any government issued document, etc. listing the person and current address.
Out-of-state residents: When both of the applicants are out-of-state residents, they must apply in the county in which they are to be married. They are required to present the same documents as a resident. Contact the County Clerk's office for more information.
WHO MAY MARRY
The minimum age to marry is 18 years of age. Applicants who are 16 or 17 years of age must have both parents' consent or the consent of their legal guardian or court-appointed custodian. Both parents, guardian or custodian of the minor(s) must be present when the application is being made and present photo I.D. to complete and sign a consent form in the County Clerk’s office at the Courthouse location.
No marriage shall be contracted between persons who are nearer of kin than second cousins, except that marriage may be contracted between first cousins where the female has attained the age of 55 years or either party has documented proof of sterilization.
The marriage license fee is $100.00 CASH ONLY payable at the time of application.
In cases of extreme emergency, you may petition the County Clerk for a waiver of the five (5) day waiting period, the waiver fee is $25.00. Contact the County Clerk’s office for more information.
Both applicants must present non-expired, photo identification such as a driver’s license or state ID. Matricula or consular cards are not accepted.
PROOF OF AGE – Birth certificates
Both applicants must present certified copies of their birth certificates (hospital certificates or birth registration forms are not acceptable). Certified birth certificates have a statement stating that they are true and correct copies of the birth certificate and have an official seal (this seal could be an embossed seal or a colored seal). Birth certificates not in English will require a notarized translation of the certificate to English. Birth certificates from Puerto Rico must have an issue date of July 1, 2010 or later.
Any ordained clergy of any religious denomination or society, court commissioners, any judge of a court of record, reserve judge, or municipal court judge may perform the ceremony. Applicants make their own arrangements. The name, title, mailing address and telephone number of person performing the ceremony is required. A list of judges and court commissioners is available in the County Clerk’s office or Burlington City Hall and can be found here.
PROOF OF PREVIOUS MARRIAGE DISSOLUTION - Divorce, Death or Annulment
If an applicant was previously married, a filed copy of the final judgment of divorce, legal annulment, or certified death certificate of the previous marriage, must be shown at the time of application. In Wisconsin it is unlawful for any person to marry until six (6) months after the date of the granting of a judgment of divorce, regardless of where the divorce was granted.
WHEN TO APPLY
It is advisable that you apply for your license at least two (2) weeks before the wedding. After the marriage license application has been made, there is a five (5) day waiting period starting the following day before it can be issued. Once the marriage license is ready to release, it is valid for 30 days in the State of Wisconsin. Both applicants must appear to swear, or affirm, the information provided on the application is correct.
Any document not in English must have attached to it a certified or notarized translation. Both applicants must speak and be able to read English. If not, the applicant(s) must provide a translator (non-relative). The applicants may not translate for each other.
Please contact the Jail Chaplain first for more information on how to obtain a marriage application/license with an incarcerated individual. The cost is $125.00 CASH ONLY and is nonrefundable.
MARRIAGE LICENSE APPLICATION CHECKLIST
- Valid photo ID; i.e.: driver's license; Matricula or consular cards not accepted.
- Certified birth certificates from the County in which you were born
- Proof of residency (address of where each applicant is currently residing)
- Previous marriage documents – death certificate, final divorce judgment, divorce decree, or legal annulment
- Date of ceremony
- Location of ceremony; township, village or city and county where the ceremony will take place
- Officiant information; name, address, telephone number
- Social Security number if one has been issued
- $100.00 CASH application fee plus $25 waiver fee, if authorized by County Clerk
- Foreign Language – Documents in another language must have a certified English translation. Persons, who do not speak and/or understand English, must bring an interpreter not related to the applicants.
AFTER THE CEREMONY
Your officiant has three business days from the date of the wedding to file your license with the Register of Deeds in the county where the ceremony was performed. After filing, a certified copy of your marriage certificate may be obtained from any Register of Deeds in Wisconsin.
How to obtain Birth or Death Certificates
If the birth or death occurred in Racine County, please contact:
Register of Deeds
730 Wisconsin Ave.
Racine, WI 53403
Or go to www.dhs.wisconsin.gov
If the birth/death occurred in another state, go to: www.cdc.gov/nchs
How to obtain Divorce Judgments or Annulment Judgments
Copies of final divorce or annulment judgments are available from the county where the event occurred. To obtain judgment from Racine County, please contact:
Clerk of Courts – Family Court
Courthouse – 3rd Floor
730 Wisconsin Ave.
Racine, WI 53403
These regulations are governed by the laws of the State of Wisconsin. The regulations are the same statewide. The cost of a Marriage License and waiver fee may vary from County to County.